LUNENBURG — Selectmen oppose a bill introduced by Gov. Charlie Baker that supporters say would make it easier for municipalities to modify bylaws in order to increase local housing.
A provision in the governor’s bill would allow local legislative bodies to enact certain zoning changes by vote of a simple majority, rather than the two-thirds supermajority required under current state law, a state housing official said last week, according to the State House News Service.
“The intention is to increase housing, and it’s a noble intention, but what the bill essentially does is it changes the vote required to change zoning bylaws from a 2/3 vote down to simple majority,” Selectmen Chair Jamie Toale said Wednesday.
The bill was referred to the Housing Committee in December as part of the governor’s initiative to add 135,000 housing units statewide by 2025. Toale said that on “something as important as zoning, it’s important to make sure our voters have a voice.”
Along with Selectmen Phyllis Luck and Robert Ebersole, Toale signed a public-comment letter Tuesday voicing his board’s opposition to the governor’s bill.
Selectmen said they applaud the governor’s effort to increase housing stock statewide. According to the News Service, Baker told the Housing Committee on Jan. 30 that the state does not have enough housing units to meet demand.
“The result has been predictable. A limited supply creates overheated demand and rising prices,” Baker said.
Lunenburg is among the majority of communities in state that has less than 10 percent of its housing designated as affordable.
Affordable units accounted for just 5 percent of Lunenburg dwellings as of July 1, 2017, according to Land-Use Director Adam Burney.
That figure will rise to over 7 percent when construction of Whalom Luxury Apartments, which is one-quarter affordable, is finished, he said.
But the three selectmen present at Tuesday’s meeting said they oppose the bill for two reasons.
First, a quorum of Town Meeting voters is just 50 people, meaning a simple majority of just 26 residents could vote to change zoning ordinances.
That means 26 of the 7,885 registered voters in Lunenburg could enact changes that “could impact the whole town,” said Luck.
“We do have Town Meetings where there’s 50 people there, unfortunately,” said Luck. “And if 30 people want a zoning change and it’s not thought out, then you’re stuck with it.”
Second, they worry about the impact increased housing could have on local schools and first responders’ ability to serve a larger population.
Town officials have had to fight for state funding owed after adopting a so-called “smart growth” district under chapter 40R.
Ebersole said the denser housing is allowed in the district with the understanding that the state would use allocate additional funding to cover increased costs for local schools, police and fire. Ensuring the state comes through with that funding has proven difficult.
“Every year we have to fight with the governor to appropriately fund this, so we don’t think that cities and towns should be paying for the added services for a state-supported incentive,” said Ebersole. “Therefore, this bill would override cities’ and towns’ right to properly fund needed services such as schools and public safety.”
The simple majority would apply to zoning changes that would reduce house lot sizes, allow mixed-use zoning in a downtown area, allow for accessory dwelling units, create cluster zoning for houses or adopt so-called smart-growth zoning policies by a simple majority vote, bylaws by a simple majority vote, Housing and Development Secretary Jay Ash said Jan. 30, according to the News Service.
Land-Use Director Burney said Lunenburg already has mixed-use housing at town-center, allows for accessory dwelling units, and cluster zoning.
But he said the supermajority is optimal because it ensures zoning changes are passed after thoughtful consideration by residents.
“With a simple majority, I don’t think you necessarily have to build the same consensus,” said Burney. “In a community like Lunenburg having some consensus on what the rules are for zoning and how that zoning affects the community as a whole is important.”
